Alric Morgan J Appellant v Edmund J. Blaize Respondent [ECSC]

• Jurisdiction: Antigua and Barbuda
• Court: High Court (Antigua)
• Judgment Date: 28 July 1967
• Judgment citation (vLex): [1967] ECSC J0728-1
• Docket Number: Criminal Appeal NO. 2 of 1966
• Date: 28 July 1967

[1967] ECSC J0728-1

IN THE WEST INDIES ASSOCIATED STATES SUPREME COURT

HIGH COURT

APPELLATE JURISDICTION

Before:

Louisy, J.

Berridge, J. (Acting)

Criminal Appeal NO. 2 of 1966

Alric Morgan J

Appellant

and

Edmund J. Blaize

Respondent

C.E. Hewlett for Appellant

Legal Assistant for Respondent

1 In this case the appellant was charged with dangerous driving contrary to section 52 of the Vehicle and Road Traffic Ordinance, 1946. The Magistrate convicted him of the offence charged and imposed a fine of $60,00 and further disqualified him from holding a licence for 6 months.

2 The appellant's grounds of appeal are —

• (a) the judgment was based on a wrong principle that the Vernon's a Road and the Pares Village Road are two roads, and

• (b) the decision is unreasonable and cannot be supported having regard to the evidence.

3 The facts are briefly that on 27th August, 1965 about 5 p.m., the police van No. A.G. 666 was travelling on the Vernon's road in the direction of Freemans Village on the All Saints Road. The appellant's motor wagon was travelling on the Pares Village road coming towards St.John's, Travelling from St.John's both roads branch off the Vernon's road, the All Saints Road goes to the right and the Pares Village road goes to the left. At a certain point on the Vernon's Road closer to the appellant's left side of the road the two vehicles collided. The Police van struck the right fender of the appellant's motor wagon.

4 Counsel for the appellant argued that the Pares Village Road is a continuation of the Vernon's Road—a main road—while the All Saints Road is a secondary road, it was therefore the duty of the driver of the police van to have stopped and allow the appellant's vehicle to continue on the Vernon's Road, instead of that it proceeded on its way and collided with the appellant's vehicle.

5 An important point to be determined is whether the Pares Village road and/or the All Saints load is a main road.

6 There is nothing in the evidence to assist us to answer this question. Reference to the Public Works and Roads Ordinance, will indicate that the All Saints Road to Vernon's Road is a class 2 road—a secondary road. Nothing is said about the Pares Village Road in relation to the Vernon's Road.

7 The Magistrate found as "a matter of mixed law and fact" that the Vernon's Road leading from St.John's to Freeman Village is one through continuous road and the Pares Village road meets that road...